Order Code RS21908
August 12, 2004
CRS Report for Congress
Received through the CRS Web
Senate Select Committee on Intelligence:
Term Limits and Assignment Limitations
Judy Schneider
Specialist on the Congress
Government and Finance Division
Summary
The 2005 Intelligence Authorization bill (S. 2386) as reported by the Senate
Intelligence Committee contains a provision repealing term limits for committee
members. The 9/11 Commission Report recommended that the eight year term limit for
members serving on the Intelligence Committee be abolished. The commission also
recommended that the committee be smaller, seven or nine members (it currently has
17 voting members), and four of the members who serve on the Intelligence Committee
should also serve on the Committees on Armed Services, Judiciary, or Foreign
Relations, or the Defense Appropriations subcommittee.
This report addresses issues related to the impact on the Intelligence Committee if
term limits are abolished. This report will be updated as events warrant.
Introduction
S. 2386, the 2005 Intelligence Authorization bill, reported by the Senate Intelligence
Committee on May 5, 2004, contains a provision (section 306) repealing the eight-year
term limit for members serving on the Intelligence Committee.1 The 9/11 Commission
Report recommended that members should “serve indefinitely” on the committee, without
set terms. The commission report also recommended that the committee be small,
“perhaps seven or nine members” and four of the members should also serve on the
Committees on Armed Services, Judiciary, or Foreign Relations, or the Defense
Appropriations subcommittee. An informal working group of Republican Senators had
previously been created to review, among other things, committee assignments generally,
and may review the issue of term limits and service on the Intelligence Committee. Press
reports indicate that the majority and minority leaders will appoint a bipartisan task force
1
The Senate Armed Services Committee, which received a referral of S. 2386, recommended
deleting section 306, and in the committee report noted that committee members “reserve the
right to submit an amendment related to this provision during consideration of S. 2386 on the
Senate floor.”
Congressional Research Service ˜ The Library of Congress
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of Senators to review the recommendations of the 9/11 Commission as they relate to the
Intelligence Committee.2
Rules Governing Committee Assignments
Senate Rule XXV and party conference rules address committee assignments.
Paragraphs 2 and 3 of Rule XXV establish categories of committees, popularly referred
to as “A,” “B,” and “C,” that condition assignment rules.3
The “A” committees are
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Agriculture, Nutrition, and Forestry
Appropriations
Armed Services
Banking, Housing, and Urban Affairs
Commerce, Science, and Transportation
Energy and Natural Resources
Environment and Public Works
Finance
Foreign Relations
Governmental Affairs
Health, Education, Labor and Pensions
Judiciary
The “B” committees are
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Budget
Rules and Administration
Small Business and Entrepreneurship
Veterans’ Affairs
Special Committee on Aging
Select Committee on Intelligence
Joint Economic Committee
The “C” committees are the Select Committee on Ethics, the Committee on Indian
Affairs, and the Joint Committee on Taxation. The Joint Committee on the Library and
the Joint Committee on Printing are not listed in any category, but are treated as “C”
committees for assignment purposes.
Paragraph 4 of Senate Rule XXV places restrictions on committee membership
based on these categories.
2
3
CQ Today, July 23, 2004.
For additional information on Senate committee assignment process, see CRS Report RL30743,
Committee Assignment Process in the U.S. Senate: Democratic and Republican Party
Procedures, by Judy Schneider, and CRS Report 98-183, Senate Committees: Categories and
Rules for Committee Assignments, by Judy Schneider.
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Each Senator shall serve on two committees, and no more than two, in
Class A.
Each Senator may serve on one committee, but no more than one, in
Class B.
Each Senator may serve on one or more committees in Class C.
Democratic and Republican members are prohibited by party rule from serving on
more than one among the so-called “Super A” or “Big Four” committees: Appropriations,
Armed Services, Finance, and Foreign Relations.4 Further, Republican members from the
same state are prohibited from serving on the same committee by Republican Conference
rule. Democrats adhere to the same prohibition, but by tradition.
Exceptions to the Senate rule restrictions, which are not uncommon, are
recommended by the pertinent party conference and then officially authorized through
Senate approval of a resolution affecting one or more Senators.
Intelligence Committee Specific Assignment Provisions
The rules and standing orders of the Senate, and the legislation creating the Select
Committee on Intelligence (S.Res. 400, 94th Congress), address specific assignment issues
related to the committee. As established, the committee was to be composed of 15
members: two from the Committee on Appropriations; two from Committee on Armed
Services; two from the Committee on Foreign Relations; two from the Committee on the
Judiciary (with each party represented, and the President pro tempore making
appointments based on recommendations from the majority and minority leaders); and
seven members to be appointed from the Senate at large. Four of the seven members were
to be appointed by the President pro tempore on the recommendation of the majority
leader and three on the recommendation of the minority leader. The members of the
committee were to serve no more than eight years of continuous service. Finally, an
attempt was to be made to ensure that one third of the committee members should be new
to the committee each Congress.
Intelligence Committee: 108th Congress
In the 108th Congress, the Intelligence Committee is composed of 17 voting
Members, nine Republicans and eight Democrats. The majority and minority leaders
serve as non-voting ex officio members.
Serving on the Intelligence Committee and the Appropriations Committee are two
Republican and three Democratic Senators. One of the two Republican Members and two
of the three Democratic Members serve on the Defense Subcommittee. Serving on the
Intelligence Committee and the Armed Services Committee are three Republican and two
Democratic Senators. Serving on the Intelligence Committee and the Foreign Relations
Committee are one Republican and one Democratic Senator. Serving on the Intelligence
Committee and the Judiciary Committee are two Republican and three Democratic
Senators.
4
The Republican working group is reportedly reviewing these designations. Roll Call, “Frist May
Get New Powers,” June 28, 2004.
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Three Republican and one Democratic Senator have served eight years on the
Intelligence Committee and are scheduled to rotate off the committee in the next
Congress. Five Republican and five Democratic Senators serve on three “A” committees
and one Democratic Senator serves on two Super A committees. One Democratic Senator
also serves on two “B” committees, in addition to the Intelligence Committee.
The following table compares the structure of the Intelligence Committee as
contained in the legislation creating the panel with the 9/11 Commission
recommendations. Also noted is information relating to the current Intelligence
Committee structure and membership.
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Intelligence Committee as
Created by S.Res. 400
15 members
9/11 Commission
Recommendations
Current Intelligence
Committee
small, “perhaps seven or
nine members”
17 voting Members
“serve indefinitely”
2005 Intelligence
Authorization bill, as
reported by the Intelligence
Committee, abolishes term
limits
Majority and Minority
Leaders to serve ex officio
without vote
Eight year term limit on
Members
Senate standing order
encourages routine rotation
of a third of the members
each Congress
Three Republicans and one
Democrat have served eight
years on the Committee
Two members to also serve
on Appropriations
Committee (one from each
party)
Four committee members to
serve on:
Two members to also serve
on Armed Services
Committee (one from each
party)
Armed Services
Three Republicans and two
Democrats serve on Armed
Services
Two members to also serve
on Foreign Relations
Committee (one from each
party)
Foreign Relations
One Republican and one
Democrat serve on Foreign
Relations
Two members to also serve
on Judiciary (one from each
party)
Judiciary Committee
Two Republicans and three
Democrats serve on
Judiciary
Seven members at-large
(four from the majority
party and three from the
minority party)
Appropriations Defense
Subcommittee
Five members (two
Republicans and three
Democrats) serve on
Appropriations; one
Republican and two
Democrats serve on Defense
Subcommittee
Six at-large members